Court-Martial

A court-martial is a serious matter for any service member. Conviction can not only end your military career, but it can result in jail time, fines, and other punishments. A dishonorable discharge and a criminal conviction can also have a negative impact on other areas of your life, including your ability to seek employment or secure housing.

At Tully Rinckey PLLC, our military law attorneys are prepared to provide you with aggressive representation. Several of our lawyers are former JAG officers who understand the military system and are prepared to aggressively advocate for your rights. If you’re facing a court-martial, we’ll protect your rights every step of the way and ensure that you’re treated fairly.

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Why Should You Hire a Civilian Attorney for Your Court-Martial?

If the government provides you with a free JAG attorney, why should you pay for one? A court-martial is a serious matter with serious consequences. Using a “free” appointed JAG attorney may turn out to be costly to you in the long run.

A court-martial is not a fair fight. The government goes to great lengths to investigate, prosecute and find you guilty. This could result in you losing everything you have worked so hard to accomplish. Your military career, your future and even your freedom are at stake. All that you have in your corner is a military-appointed attorney with minimal trial experience.

The military law attorneys at Tully Rinckey PLLC understand what is on the line. They have served in the JAG Corps before becoming civilian attorneys. They have experienced courts-martial from both sides – the prosecution and the defense. They know the military, they know the law, and they will use their experience to aggressively fight for you.

Timing is everything

You should be consulting an attorney as soon as you learn you may be under criminal investigation. The military will often not assign you a JAG until charges are preferred against you. This means you may not have any legal representation while you are being investigated or being questioned – a critical time in an investigation. Often times a criminal defense attorney can intervene before you are criminally charged to negotiate an alternative disposition. It is also important to signal to the prosecution that you are going to fight any charges aggressively, hiring aggressive civilian defense counsel before you are charged signals this to the Government prosecutors.

This is why hiring a knowledgeable and experienced civilian defense attorney with military law experience during the investigation phase is critical. You can consult the civilian attorney while you are under investigation and potentially being asked to be questioned by law enforcement rather than after the fact. If a question can lead to self-incrimination, your civilian attorney will instruct you to invoke your Article 31 rights. If charges are preferred against you, your civilian attorney will work with you and your assigned JAG defense attorney – should you choose to have one – to create the best possible defense.

Do not wait to be assigned JAG representation when an investigation begins. Consult a civilian attorney with strong military defense experience to get a jump start on your defense.

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Paid Military Leave Claims

Federal employees who left their agencies to serve in the United States military, in connection with operations relating to fighting international terrorist groups and the countries that harbor them, are entitled to additional Paid Military Leave.

A recent U.S. Court of Appeals ruling has opened the door for federal employees to file claims with the Merit Systems Protection Board (MSPB) to receive additional Paid Military Leave. Those who have since retired from federal service will receive their adjusted Paid Military Leave as a lump sum payment.

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Article 15/Non-judicial Punishments

Non-judicial punishment proceedings are known by different terms among the services. In the U.S. Army and U.S. Air Force, it is referred to as Article 15; in the Marine Corps, it is called Office Hours; the U.S. Navy and U.S. Coast Guard call non-judicial punishment Mast. No matter what it is called, it is a difficult and confusing time for any service member. Non-judicial punishment in the United States military is a form of military discipline authorized by Article 15 of the Uniform Code of Military Justice.

The receipt of non-judicial punishment does not constitute a criminal conviction. Depending on the level from which the punishment was authorized, it will be either a temporary or permanent mark on your service record. Because it is included in your service record, it is a public record. A service member can be denied a commission if there is a non-judicial punishment on record. The process for a non-judicial punishment is governed by Part V of the Manual for Courts-Martial and by each service branch’s regulations.

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Article 32

The purpose of an Article 32 hearing is to inquire about the truth set forth in the charges under the UCMJ, to consider the form of the charges, and to secure information crucial for determining a just disposition. An investigating officer is appointed to conduct the investigation. Usually, the investigating officer is not legally trained. Ultimately, the investigating officer will make the final recommendation for whether the case should proceed.

Unlike a grand jury proceeding, the accused has more rights, which work to his benefit in an Article 32 hearing. Crucial differences include the right to call witnesses, to present evidence, and to cross-examine witnesses called by the prosecution during the investigation.

The right to cross-examine witnesses is an excellent opportunity for the defense and can frequently lead to a favorable resolution of the case since the testimony and credibility of a key prosecution witness can often be undermined. It also gives the defense a chance to get a better idea of what a witness might say at trial.

The hearing also forces the prosecution to show their evidence in the case. Once the evidence is presented, it gives the defense an idea of just how strong the government’s case is against the accused. The entire hearing can serve as a means of discovery for the defense, which is essential in evaluating how the case should proceed. Further, if the evidence is lacking, it presents an opportunity for the charges to be dropped completely.

After the hearing is complete, the investigating officer must file a written report which addresses the legal issues in the case that were raised, and makes recommendations for the nature of the charges. The recommendation can range from dismissal of the charges to a General Court-Martial. However, the recommendation is just that. The appointing authority may still decide that a case needs to proceed when it was recommended for the charges to be dropped.

There were significant changes in 2015 that removed the requirement that an alleged sexual assault victim must testify in person at the Article 32 hearing. This removed the accused’s right to cross-examine the victim at the Article 32 hearing. In this type of case, the defense will need to determine if appearing at the Article 32 hearing makes sense depending on the charges and nature of the accusations. The Article 32 hearing itself may be waived by the Defense team to gain a strategic advantage.

If you are facing any charges under UCMJ and an Article 32 hearing, you need to consult with an experienced attorney, and should not waive your Article 32 rights unless you discuss this strategy with your attorney. The best option is to always have a complete understanding of the legal rights provided to you. Our military legal team has years of experience in representing military members at courts-martial in charges ranging from drug distribution to murder. To set up a consultation, contact us at (518) 941-8467.

ROTC and Military Academy Disenrollment

Cadets and Midshipmen in the Reserve Officers’ Training Corps (ROTC) or any of the Military Academies may be disenrolled from their program for numerous reasons including but not limited to misconduct, poor academic performance, honor code violations, and medical issues.

The disenrollment procedure varies among the different military branches and departments involved, but in all instances the cadet is subject to an investigation. At the end of the investigation, the cadet will have the opportunity to dispute their disenrollment charges through limited hearing procedures.

The consequences for an involuntary ROTC or Academy disenrollment can be financially tolling as well as preclude a cadet from serving as a commissioned officer later in life. Former ROTC cadets may be required to reimburse the government for all financial scholarships they received. Academy cadets may be required to reimburse the government for tuition assistance and/or grants. The amount of money varies from cadet to cadet, but can range from $15,000 to well over $200,000.

In some instances, ROTC and Academy cadets may no longer wish to be enrolled in their program and petition for disenrollment. In these instances, cadets will be required to repay any scholarships/tuition grants or perform three years of active duty as enlisted rank in lieu of repayment. Actual requirements may vary based on the facts and circumstances of each case as well as the recommendations of a cadet’s commanding officer.

The attorneys at Tully Rinckey PLLC are well-versed in ROTC and Academy disenrollment law and have successfully handled many disenrollment cases.  Our diverse team of experienced military law attorneys have represented military cadets and midshipmen across the United States, and are nationally recognized for their respective case victories. Our history of disenrollment representation includes:

• Represented more than 1,000 ROTC/Service Academy disenrollment cadets across more than 175 commissioning programs throughout nearly all 50 states.
• Saved the career of several USAF cadets involved in drunk and disorderly conduct and other accusations. Rebuttal materials were submitted and all obtained full redemption and were permitted to stay and commission. Successfully represented multiple West Point cadets in their fight against disenrollment for various accusations related to honor code violations, sexual harassment, drunkenness, academic insufficiency, and other allegations.
• Saved the career of a US Army cadet (prior enlisted) after being notified that he was being disenrolled for a positive MDMA result. Represented the cadet at the hearing and, through the use of a forensic toxicologist and additional witnesses, cleared the cadet of all charges.
• Saved the career of a midshipman at the Merchant Marine Academy after he was notified that he would not be permitted to graduate despite meeting all requirements. Represented the midshipman in Federal Court and filed for a preliminary injunction and additional proceedings that eventually resulted in the midshipman being allowed to graduate.
• Recently assisted a female Navy midshipman at the Naval Academy obtain a commission after she was accused of being medically unqualified for various reasons. She is now a commissioned Ensign and recently joined the fleet.
• In one of more than a dozen recent Zoom ROTC Disenrollment Boards, we represented a US Army cadet at the University of Wisconsin accused of sexual assault. We were able to clear the cadet of all charges and ensure that he was able to commission.
• Recently drafted and submitted several appeals to the various boards for correction of military records, and have actively litigated in multiple Federal District Courts in multiple states.

Our team of military attorneys travel to ROTC boards across the country representing cadets in various disenrollment proceedings, saving the careers of those alleged with drug abuse, sexual harassment, honor code violations, alleged academic failure, and other charges.

Whether in front of a disenrollment board or in Federal Court, we are positioned to handle cases across the country, and have represented cadets and midshipmen in each Military Academy. We have taken the fight to Federal Courts across Texas, New York, Maryland, California, and Colorado and have frequently negotiated directly with US Army Cadet Command at Fort Knox, USAF Cadet Command at Maxwell AFB, and Naval Service Training Command now based in Pensacola, FL.

In all disenrollment actions, it is important to have an aggressive and knowledgeable attorney at your side to ensure the government properly handles your proceedings. Call Tully Rinckey PLLC at (518) 941-8878 to discuss your options today.

Correction of Military Records

The Board for Correction of Military Records is the highest level of administrative review within the various services, with the mission to correct errors in or remove injustices from service military records. Each branch of service has its own Board of Correction, but the procedures are basically the same.

You apply to the Board of Corrections to request that an error be corrected or an injustice be removed from your military record. Many former military members have certain negative past history or a punitive discharge in their military record that they would like corrected. The Board is more likely to approve a correction if you have made some changes in your life and can prove that you have been stigmatized by the negative history for an extended period of time, and that in all fairness the stigma should be lifted (i.e. an AWOL from 10 years ago). The Board of Corrections can make these corrections to your military record.

What powers does the Board have? The Board of Corrections can upgrade a discharge, remove a letter of reprimand and change the narrative reason for a discharge. For example, the Board can upgrade an other-than honorable (OTH) discharge received as a result of a discharge in lieu of a Courts-Martial. The Board can also remove a negative evaluation in your personnel file. This is not an all-inclusive list, but just several examples of the powers of the Board.

Who may apply? Active duty service members and former members of the regular Army, Navy, Air Force, Army, Navy, Air Force Reserve, and Army and Air National Guard. If the former member is deceased or incompetent, the surviving spouse, next of kin or a legal representative may apply. However, the application must include supporting documentation such as a certified copy of a marriage license, death certificate or power of attorney, as appropriate.

Are there any time limits? Yes, an application must be filed within 3 years after an alleged error or injustice is discovered or reasonably should have been discovered. However, the Board has the authority to waive an application filed untimely in the interest of justice.

The process takes from 8-10 months to complete. Our military legal team is knowledgeable in working with the service Boards of Correction of Military Records. If you have negative history in your service records, contact one of them to help you apply to the Board of Corrections of Military Records. Contact Tully Rinckey PLLC at 5182187100 to set up a consultation on the facts of your case.

The military lawyers at Tully Rinckey PLLC are also available around the clock to assist you in your injury claims against the Department of Veterans Affairs medical facilities. If you or your loved one experienced an injury while in VA care, you may be entitled to file a medical malpractice claim. To learn more about the process, download Tully Rinckey’s free guide to suing the Department of Veterans Affairs. If you have further questions or need legal assistance in evaluating your claim, contact us today at 5182187100 or at info@tullylegal.com

Uniformed Services Employment and Reemployment Rights Act (USERRA)

The lawyers at Tully Rinckey PLLC know what it means to serve. In fact, a number of our attorneys, including both the Founding and Managing Partners, are veterans of the United States Military. This gives our firm a unique perspective on the importance of military service to our country. Because of this outlook, we are continually striving to help those who are seeking to enforce the rights afforded to them by reason of their military service, whatever their civilian careers might be.

Service members with civilian careers who are called to active duty serve and protect our country. They should not suffer employment discrimination because of military service.  Likewise, they should not come home from military duty to find they have no job or that they have been denied the benefits of employment they would have earned had they not been called to service.

The Uniformed Services Employment and Reemployment Rights Act prohibits employment discrimination because of military service. The statute also provides a wide range of protection regarding reemployment with a civilian employer upon the conclusion of military service. Lastly, USERRA prohibits retaliation against those who seek to enforce their rights under the statute or who assist another in enforcing those rights.

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Medical Disability Retirement

The recent change in policy to a “Deploy or Get Out” approach means that service members who have been non-deployable or will be non-deployable for 12 months or more will be processed for administrative separation or a medical evaluation board (MEB).

If you have a medical or mental health condition that your commander or your physician may consider as medically unfitting, you will likely be referred for a Medical Evaluation Board (MEB) and potentially a Physical Evaluation Board (PEB). Regardless of your branch, there are generally as many as four opportunities to obtain the benefits you are entitled to. Tully Rinckey PLLC attorneys are here to ensure representation at every level throughout the Integrated Disability Evaluations System (IDES) process. It is very important to understand your rights throughout the process. You may waive your rights to a valuable pension if you don’t fully understand the process. The process begins with a referral to an MEB.

Service members with medical conditions should educate themselves about their rights under the IDES. If you are injured while in the line of duty or while on active duty, you may be entitled to a Medical Disability Retirement (MDR) regardless of whether you are a member of a Regular or a Reserve force.

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Medical Evaluation Boards

Service members may become physically unfit for duty due to illness or injury. A service member is unfit for duty when they are unable to perform the duties considering their rank and duty position. Determining whether a member can reasonably perform their duties includes consideration of deployability. This applies to both the Active and Reserve Components of that Service.

The process will generally begin with a Medical Evaluation Board (MEB). The MEB is tasked with preparing a report documenting the service member’s medical history, current physical status and recommend duty limitations. This report documents whether a medical condition(s) interfere significantly with the member’s ability to carry out the duties of the member’s rank and rate. This is generally referred to determining whether the member meets “retention criteria” to remain in the service. The service member has the right to respond to the report of the medical board. If the MEB determines that there is a significant medical issue with a service member’s ability to perform their duties then the case is referred to an Informal Physical Evaluation Board.

The IPEB will make the initial determination whether the service member is fit or unfit for duty. If the member is dissatisfied with the IPEB finding, the member can appeal it by requesting a hearing before the FPEB. The determination of the IPEB is not binding in any respect on the FPEB. Thus, it is possible to have a worse outcome at the FPEB than was obtained at the IPEB. It is, therefore, very important to know how the entire process works before making a decision to appeal the determination of the IPEB. If it is determined that a service member is unfit for duty then the PEB must determine whether the injury or illness is service connected. This means that a determination must be made whether the illness or injury that caused the member to be found unfit was the result of the member’s military service. There is a rebuttable presumption that an illness or injury was incurred incident to service.

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Military-Related Mesothelioma

Tully Rinckey PLLC has built a reputation for assisting veterans in a wide range of legal matters. The veterans of the United States military branches have served their country in times of war and peace, giving their time, effort and sometimes their lives as part of their service.

Mesothelioma, a disease with no known cure, has hit many U.S. veterans who have been repeatedly exposed to asbestos dust and asbestos-based products during their time in service. We believe that the veterans diagnosed with this disease should have a full understanding of their legal options.

Risk of asbestos exposure is especially severe for service members, as asbestos was frequently used on ships, shipyards, and in pipes and adhesives from the 1930s through the 1970s. Navy shipyard workers and machinery repairmen often face a higher risk of exposure to asbestos fibers. Veterans serving between 1940 and 1970 are at an increased risk due to the disease’s nature of development later in life.

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The Military’s Crackdown on Designer Drugs

The stakes are now much higher for service members who test positive for designer drugs such as spice, a smokeable herbal product with psychoactive and hallucinogenic effects similar to marijuana.

Until recently, service members could legally obtain these substances that mimic the psychotrophic effects of marijuana and lysergic acid diethylamide (LSD). But on March 1, 2011 the U.S. Drug Enforcement Administration (DEA) temporarily classified five chemicals used in spice products as Schedule I controlled substances. This one-year scheduling action (with a possible six-month extension) made it illegal to possess and sell spice and other similar synthetic designer drugs.

Consequently, the scheduling action also makes the possession, distribution, and use of these substances a crime punishable under Article 112a of the Uniform Code of Military Justice. Article 112a is generally used for offenses involving illegal drugs, and it is now a tool in the military’s fight against spice.

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AWOL or Military Deserter

Here at Tully Rinckey PLLC, we have assisted numerous military personnel in all branches of the U.S. military who were deemed deserters or being absent without official leave (AWOL) and wished to be discharged from the military.

When a military member has been away from a command for more than 30 days, then it is probable that a Federal warrant for you arrest has been issued by your command and even a traffic stop can put you in jail until you are transferred back to the military.  In the past, we have been able to secure an administrative discharge from service, without any criminal conviction or record, for extended periods of desertion – even up to several years. In most cases, it will be necessary for the service member to return to the military to get things resolved. This will usually take several weeks to resolve. Having a knowledgeable attorney can help speed up this process.

We can use our knowledge of the military to coordinate your return to command or to the deserter processing facility.  Upon your return, we can negotiate and work with the command to resolve your issue.  In this type of situation, it is highly beneficial to have an attorney that has experience in military law and will aggressively fight for your rights.

Military attorney Greg Rinckey is a former Army JAG, and he knows how to work the military system to get you successfully discharged from the military.

Military Divorce

Service members and non-military spouses pursuing a divorce face a unique set of challenges that civilians do not encounter when attempting to dissolve their union. Getting divorced is a complex process, and it is especially complicated in the military. Even attorneys who have practiced family and matrimonial law for years can find themselves at a disadvantage when attempting to represent a service member or a non-military spouse.

Tully Rinckey PLLC’s military divorce attorneys can help you navigate the potential pitfalls that military families face in their legal matter. These pitfalls can lurk in the division of property, where to file for divorce, military retirement and disability pay, child custody and child support. The team of attorneys at Tully Rinckey PLLC can represent service members or their non-military spouses in New York, Texas, California and Washington, D.C. If you are located elsewhere, we can advise your attorney on the unique nuances of military divorce, child support and retirement or veterans’ compensation issues.

Call us today to schedule a consultation with one of Tully Rinckey PLLC’s experienced military divorce lawyers.

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Don’t Ask, Don’t Tell

On Sept. 20, 2011, the military repealed Don’t Ask, Don’t Tell (DADT), the policy that had prohibited gays and lesbians from openly serving in the armed forces. The repeal followed President Barack Obama’s Dec. 22, 2010 signing of the Don’t Ask, Don’t Tell Repeal Act of 2010, which reversed the 1993 DADT law (10 U.S.C. §654).

The repeal means gays and lesbians can no longer be separated from the military solely because of their sexual orientation. The military can also no longer prevent someone from serving or being admitted into the armed forces because of their statements about sexual orientation or lawful homosexual conduct.

The repeal has opened many doors for many of the estimated 14,000 former service members who were separated under DADT since 1993. Depending on the circumstances of their separations under DADT, some gay or lesbian former service members may be eligible to do the following:

• Recommence their careers the Army, Navy, Marine Corps, Air Force or Coast Guard;
• Complete the service time necessary to qualify for retirement benefits;
• Upgrade their discharge;
• Erase from their military record the stigma associated with a separation under DADT; or
• Become eligible for certain veteran benefits, such as those associated with the Montgomery G.I. Bill.

Right now, any attempts to change the military records of former service members separated under DADT are cases of first impression, which means there is no precedent. Gay and lesbian former service members are blazing their own trail. Anyone who is about to take on this challenge need to beware and be prepared. Don’t just find a lawyer and expect everything will be taken care of. Former service members need someone who knows military law inside and out. A lawyer with little to no knowledge of military law will get lost in this post-DADT environment.

The military law attorneys at Tully Rinckey PLLC have several decades of combined experience in the Judge Advocate General’s (JAG) Corps, and our founding partner is the only known civilian attorney to currently serve in the Army Reserves as a lieutenant colonel.

Schedule a meeting with one of Tully Rinckey PLLC’s military law attorneys today by calling 5182187100 or e-mailing info@tullylegal.com

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Inspector General Investigations – Representation of Subject

If you are a flag or General Officer in the Armed Forces, you can expect to find yourself the subject of an Inspector General investigation at least occasionally—it goes with the territory.  You almost certainly have one or more judge advocates assigned to you, but you must remember that those judge advocates do not represent you in your personal capacity.  Ask your judge advocate whom he or she represents in a case where you have been accused of wrongdoing—the judge advocate will give you a well-rehearsed spiel to the effect of “I represent the United States Government, not you.”  You cannot form an attorney-client relationship with your Staff Judge Advocate, and any information that you share with that Judge Advocate is not considered privileged.

If you find yourself named in an Inspector General investigation, you have a great deal at stake—you should retain private counsel who understands the system and who represents only you. At Tully Rinckey PLLC, we are privileged to have Brigadier General (Ret.) Harris Jay   our team.

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Military Appeals

If you have already been convicted by a Courts-Martial, your appeal process is your final hope to obtain a lesser sentence or to overturn your conviction. The military’s appellate system consists of two levels, the Court of Appeals of the particular armed force involved and the Court of Appeals for the Armed Forces. All the Service Courts and Courts of Appeal for the Armed Services are located in Washington D.C.. The Supreme Court of the United States also has jurisdiction over military Courts-Martial appeals. Founding Partner Greg Rinckey was previously assigned to the Defense Appellate Division in Washington D.C. when he was an active duty JAG, he has written over 30 appeals and has argued before the Court of Appeals for the Armed Services.

At Tully Rinckey PLLC, we have attorneys with vast knowledge of Military Criminal Law. Greg  Rinckey is a former Army JAG lawyer who served as a prosecutor, defense attorney and appellate defense attorney. With countless military jury trials behind him, Greg Rinckey knows how to best present your case and protect your interests. Greg has tried cases from drug distribution to murder. We will fight for your rights.

Military Bases

Tully Rinckey PLLC is a multistate, veteran-founded law firm devoted to defending the rights of service members anywhere around the globe. Our attorneys have a combined 50 years of experience in the Judge Advocate General’s (JAG) Corps, and our founding partner is the only known civilian attorney to currently serve in the Army Reserves as a lieutenant colonel.

We can provide legal services for many different military issues, including:

• AWOL/military deserter
• Positive urinalysis
• Court-martial/USMJ representation
• Article 15/nonjudicial punishment
• Article 32 proceedings
• Correction of military records
• Military-related mesothelioma
• General officer representation
• ROTC and military academy enrollment
• Security clearance representation.

Tully Rinckey has represented service members based at military installations throughout North America, Europe, and Asia. We can represent clients via video teleconferencing, when applicable.

Some of the U.S. military bases where we can provide services include:

Camp Lejeune
Fort Belvoir
Fort Benning
Fort Bragg
Fort Drum
Fort Hood
Naval Station Norfolk
Naval Base San Diego
Eglin Air Force Base
Joint Base Langley-Eustis
Joint Base San Antonio
Hurlburt Field
Joint Base Pendleton
Naval Air Station Fallon
Marine Corps Base Camp Pendleton
Marine Corps Base Quantico
Joint Base Andrews
Joint Base McGuire-Dix-Lakehurst
Travis Air Force Base

Foreign Military Bases

Tully Rinckey has represented service members based at military installations throughout around the world. We can represent clients via video teleconferencing, when applicable.

Some of the foreign military bases where we can provide services include:

Germany:
U.S. Army Garrison Ansbach
U.S. Army Garrison Bavaria
U.S. Army Garrison Rheinland-Pfalz 
U.S. Army Garrison Stuttgart
U.S. Army Garrison Wiesbaden
Ramstein Air Force Base
NATO Detachment Berlin, Germany

Poland:
U.S. Army Garrison Poland

Italy
U.S. Army Garrison Italy
Covers the Camp Darby and Vicenza communities.
Navy Base Naples, Italy (NSA Naples)
Naval Air Station Sigonella

England
RAF Fairford
RAF Lakenheath
RAF Mildenhall

Netherlands/Belgium
U.S. Army Garrison Benelux-Brussels

Spain
Naval Station Rota
Moron Air Base

 Greece
U.S. Naval Support Activity Souda Bay

 South Korea
United States Army Garrison Humphreys (Camp Humphreys)
Camp Casey
Osan Air Base
Busan Naval Base

Japan  

Camp Butler Marine Corps Base Okinawa, Japan

Kadena Air Base

Yokota Air Base

Misawa Air Base

Naval Auir Facility Misawa

Marine Corps Air Station Futenma

Camp Zama US Army

Withdrawal of Federal Recognition Proceedings

Commissioned officers of the National Guard facing the potential removal of their commissioned status understand that they have much at stake. Withdrawal of federal recognition proceedings are held when a member of the National Guard ceases to possess the necessary qualifications under U.S. Code § 323 or the individual is no longer a member of a federally recognized unit or organization of the National Guard.

At Tully Rinckey PLLC, our military law attorneys are prepared to provide you with aggressive representation. If you are facing a withdrawal of federal recognition proceeding on any base in any state or overseas, we will protect your rights and work to ensure that you are treated with the respect and fairness you deserve.

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Military Credentialing Actions

Medical providers operating within the Department of Defense can find their ability to practice medicine in jeopardy following the initiation of the Clinical Adverse Action process. The process is invoked against a health care provider after concerns are raised regarding the provider’s practice.

An Overview of the Adverse Clinical Action Process

The beginning stages of the adverse clinical action process are marked by the initiation of a Quality Assurance Investigation (QAI), which is supposed to be an impartial investigation by a peer with a similar background and experience to that of the provider under investigation. The action is typically initiated when a provider is accused of incompetence, malpractice, or shows signs of impairment.

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